B KRISHNA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The unsuccessful writ petitioner is the appellant in this appeal. In the Writ Petition, the appellant-writ petitioner challenges the appointment of the 3rd respondent - Dr. (Mrs.).K.V. Ramani as Joint Chief Environmental Scientist in the 2nd respondent - Andhra Pradesh Pollution Control Board - on contract basis and also questions the correctness of G.O.Ms.No. 4, Environment, Forests, Science and Technology (Env.) Department, dated 3-1-2000 in regularizing the services of the 3rd respondent as Joint Chief Environmental Scientist as illegal, unconstitutional, unreasonable and unfair.

(2.) By Resolution No. 1063 of 82nd Board Meeting held on 26-10-1996, the Andhra Pradesh Pollution Control Board had taken a decision to fillup the post of Joint Chief Environmental Scientist in the category of Superintending Engineer, on contract basis. The Board also resolved that all the vacancies including the Joint Chief Environmental Scientist be filled up on a contract basis with flexibility of their absorption based on their performance. In the case of Joint Chief Environmental Scientist, the Board suggested 1st Class M.Sc. (Chemistry) with Ph.D. as essential qualification. By G.O.Ms.No. 189, dated 7-12-1998 the Government after careful examination of the matter appointed the 3rd respondent as Joint Chief Environmental Scientist in the Board as per the recommendations of the Selection Committee, on contract basis, for a period of two years from the date of assuming the duty with flexibility of her absorption in the Andhra Pradesh Pollution Control Board based on her performance and subject to the other terms and conditions to be stipulated by the Andhra Pradesh Pollution Control Board separately. By G.O.Ms.No. 4, dated 3-1-2000, the Government of Andhra Pradesh appointed the 3rd respondent on regular basis as Joint Chief Environmental Scientist in the Andhra Pradesh Pollution Control Board in the scale of Rs. 5770-9260, subject to the outcome of the result in W.P.No. 26394 of 1999 filed by Dr.B. Krishna Reddy, Senior Environmental Scientist in the Andhra Pradesh Pollution Control Board. The above W.P.No. 26394 of 1999, which was filed to set aside G.O.Ms.No. 189, dated 7-12-1998 and the subsequent order of the Government in G.O.Ms.No. 4, dated 3-1-2000, was dismissed by a learned single Judge of this Court on 15-11-2001 against which, this Writ Appeal is filed.

(3.) Learned Counsel for the appellant submitted that the learned single Judge has committed an error to the facts existing on record inasmuch as the appellant never applied for the post in question and hence, the question of his not attending the interview does not arise. Learned Counsel for the appellant is right in his submission. In fact, the appellant-writ petitioner has not applied for the said post and, therefore, the question of his attending the interview does not arise.